Only A Contractor Can Appeal a Contracting Officer’s Final Decision
April 20, 2026 —
David Adelstein - Florida Construction Legal UpdatesA recent decision from the Civilian Board of Contract Appeals confirms that “only a ‘contractor’ may file an appeal of a contracting officer’s final decision.” Wattiker v. General Services Administration, 2026 WL 846001 (CBCA 2026) (citation omitted).
The term “contractor is not an ambiguous term. A ‘contractor’ refers to a party to a federal government contract. Wattiker (citing the Contract Disputes Act). This is why the Contract Disputes Act does not apply to parties that are NOT in contract with the federal government. Id.
In Wattiker, an appellant (appealing party) challenged the dismissal of a co-appellant. The co-appellant was dismissed because he was not a contractor, i.e., a party in contract with the federal government. In other words, the co-appellant had no privity of contract with the federal government.
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Samuel Alhadeff Represents LGI Homes in Acquisition and Re-Entitlement of Maravilla Estates
July 06, 2026 —
Lewis BrisboisTemecula Partner Samuel Alhadeff recently represented LGI Homes in its acquisition and re-entitlement of Maravilla Estates, a 169-lot active adult community located in San Jacinto, California.
The acquisition and re-entitlement of the project provide LGI Homes with the opportunity to deliver much-needed age-qualified housing in one of Riverside County's growing residential markets. The community includes a recorded final map and finished lots, as well as future development inventory and planned amenities, positioning the project for continued development and completion.
Read the full story...Reprinted courtesy of
Lewis Brisbois
Connecticut Expands Construction Wage-Theft Liability and Prevailing Wage Recordkeeping Requirements
June 29, 2026 —
Anand Gupta & Guest Contributor - Construction Law ZoneThis post was co-authored by Labor + Employment group lawyer Christopher Costain, Hayden Eckblom (Summer Intern), and Pasqualina Fox-Mina (Summer Associate). Hayden and Pasqualina are not admitted to practice law.
On May 11, 2026, Connecticut Governor Ned Lamont signed into law Public Act 26-12, a wide-ranging bill centered around employee rights. Our colleagues in Robinson+Cole’s Labor, Employment, Benefits + Immigration group recently published a
legal update summarizing the key components of Public Act 26-12. Here, we focus on the Wage Theft and Prevailing Wage concepts in the bill that directly relate to the construction industry.
Wage Theft
With exceptions for public works and small residential projects, general contractors will be jointly and severally liable for any unpaid wages owed to an employee of a subcontractor of any tier on private construction projects, beginning with contracts entered into on or after January 1, 2027. As we know, there is a separate regime for public works projects involving payment bonds.
Read the full story...Reprinted courtesy of
Anand Gupta, Robinson & Cole LLPMr. Gupta may be contacted at
agupta@rc.com
DOI Finalizes Long-Awaited Modernization of Type A Natural Resource Damage Assessment Regulations
August 03, 2026 —
Amanda G. Halter, Ashleigh K. Myers & Jillian Marullo - Gravel2Gavel Construction & Real Estate Law BlogFor nearly three decades, the U.S. Department of the Interior’s (DOI) simplified “Type A” Natural Resource Damage Assessment (NRDA) regulations were available more in theory than in practice, constrained by dated models, narrow geographic applicability and a $100,000 cap that rarely matched the economics of modern environmental claims. DOI has now finalized revisions to the Type A natural resource damages assessment procedures under 43 C.F.R. Part 11 for hazardous substance releases under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Clean Water Act (CWA), with the final rule published in the
Federal Register on July 13, 2026 and scheduled to become effective August 12, 2026.
As discussed
previously, DOI has sought to modernize what it views as an “inefficient and inflexible” process and restore the Type A procedure to its intended role as a more streamlined pathway for smaller, less contentious NRD claims. The final rule adopts a $5 million default damages threshold, allows use above that amount if all parties agree, clarifies that Type A may be used in all environments and for all natural resource types, and removes legacy model appendices that had tethered the process to outdated formulas.
Reprinted courtesy of
Amanda G. Halter, Pillsbury,
Ashleigh K. Myers, Pillsbury and
Jillian Marullo, Pillsbury
Ms. Halter may be contacted at amanda.halter@pillsburylaw.com
Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com
Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com
Read the full story...
Alert: Fraudulent Notice of Nonpayment Defense Applies to Payment Bond Claims
April 27, 2026 —
David Adelstein - Florida Construction Legal UpdatesUnder Florida’s Lien Law, there’s an affirmative defense or affirmative claim known as a “
fraudulent lien.” The fraudulent lien defense or claim is set out in Florida Statute s. 713.31. This defense also extends to payment bond claims, whether under a private statutory payment bond (Florida Statute s. 713.23) or a public payment bond (Florida Statute s. 255.05), as it pertains to the notice of nonpayment. A notice of nonpayment needs to be served within 90 days from final furnishing to preserve a claimant’s rights against the bond. However, there really has not been a case, until now, that discusses a “fraudulent notice of nonpayment.”
In K&M Electric Supply, Inc. v. Brown Electrical Solutions, LLC, 51 Fla.L.Weekly D672a (Fla. 4th DCA 2026), a prime contractor and surety prevailed at the trial level on their fraudulent notice of nonpayment defense based on a supplier’s notice of nonpayment and action against a public payment bond (under Florida Statute s. 255.05).
Read the full story...Reprinted courtesy of
David Adelstein, Kirwin NorrisMr. Adelstein may be contacted at
dma@kirwinnorris.com
Seattle Team Obtains Summary Judgment in Real Estate Broker Professional Liability Action
July 20, 2026 —
Lewis BrisboisSeattle Partner Kathleen A. Nelson and Associate Synova M. L. Edwards prevailed on a hotly contested motion for summary judgment in Whatcom County, Washington court in a real estate broker professional liability action.
The plaintiff filed an action against Lewis Brisbois' clients, a real estate agent and brokerage firm, among several others, including the title company, purchasers and others related to the sale of real property following his complicated and long running divorce action. These claims primarily arose out of the clients’ reliance on an order signed by the court in the underlying divorce action. The order allowed the clients to execute the purchase and sale agreement, as the plaintiff was non-cooperative.
Read the full story...Reprinted courtesy of
Lewis Brisbois
Cuomo Bridge Lawsuit Adversaries Weigh Mediated Settlement
July 06, 2026 —
Richard Korman - Engineering News-RecordRival legal teams have reached a critical juncture as they consider a mediated settlement in one of two major payment lawsuits pending between a design-build contracting team and the New York State Thruway Authority over construction of the more than $3-billion Mario M. Cuomo Bridge north of New York City.
Read the full story...Reprinted courtesy of
Richard Korman, Engineering News-RecordMr. Korman may be contacted at
kormanr@enr.com
Ownership and Licensing in Design Agreements
April 14, 2026 —
Abby Dvorkin - Snell & WilmerThe ownership and licensing of design documents in professional services agreements play a significant role in protecting the interests of the design professional and the project owner during and after project completion. The ownership or licensing of the drawings provision typically outlines who owns the drawings and specifications, who can use the documents, and how the documents can be used during and after the project.
Project owners and developers should understand that payment for design services does not automatically transfer ownership or an exclusive right to use the professional design. Under U.S. copyright law, the default rule is that the design professional retains ownership of the instruments of service absent a contractual provision transferring ownership or a license. See 17 U.S.C. § 101, et seq. The Architectural Works Copyright Protection Act provides that copyright protection applies to “pictorial, graphic and sculptural works” and includes “architectural works.” 17 U.S.C. § 102. A design professional may only transfer copyright ownership in writing. 17 U.S.C. § 204(a).
Read the full story...Reprinted courtesy of
Abby Dvorkin, Snell & WilmerMs. Dvorkin may be contacted at
advorkin@swlaw.comElizabeth Lofts Condo Owners Settle with Plumbing SupplierDon’t Kick the Claim Until the End of the Project: Timely Give Notice and Preserve Your Claims on Construction ProjectsThe Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance PolicyConstruction Bright Spot in IndianapolisElliott Backed Venture Sues Lloyds Over Avant Cladding, Times ReportsEEOC Chair Issues New Report “Building for the Future: Advancing Equal Employment Opportunity in the Construction Industry”Coverage for Faulty Workmanship Found In South DakotaWhite and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2021Coronavirus, Force Majeure, and Delay and Time-Impact ClaimsOSHA Finalizes PPE Fitting Requirement for Construction WorkersDeference Given To Procuring Public Agency Regarding Material DeviationGibbs Giden is Pleased to Announce Four New Partners and Two New AssociatesNew Jersey Court Upholds Registration Requirement for Joint Ventures Bidding on Public Works Contracts4 Breakthrough Panama Canal Engineering InnovationsA Few Construction Related Bills to Keep an Eye On in 2023 (UPDATED)Avoid the Headache – Submit the Sworn Proof of Loss to Property InsurerFailure to Comply with Sprinkler Endorsement Bars Coverage for Fire DamageIn One of the First Civil Jury Trials to Proceed Live in Los Angeles Superior Court During Covid, Aneta Freeman Successfully Prevailed on Behalf of our Client and Obtained a Directed Verdict and Non-SuitMotions to Dismiss, Limitations of Liability, and MoreBalfour in Talks With Carillion About $5 Billion MergerThe International Codes Development Process is Changing to Continue Building Code ModernizationMeet BWBO’s 2024 San Diego Super Lawyers Rising Stars!Eighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury CaseReal Estate & Construction News Roundup (1/10/24) – New Type of Nuclear Reactor, Big Money Surrounding Sports Stadiums, and Positivity from Fannie Mae’s Monthly Consumer SurveyNew WA Law Caps Retainage on Private Projects at 5%Buffalo, NY Stadium Work Resumes After Suspects ID'ed in $150K Graffiti VandalismNewmeyer & Dillion Announces Three New PartnersDefending OSHA and a Call to Action Against Funding CutsCourt Grants Insurer's Motion for Summary Judgment After Insured Fails to Provide Evidence of Systemic CollapseReport: Construction Firms Could Better Protect Workers From Noise HazardsPort Authority Reaches Deal on Silverstein 3 World TradeNomos LLP Partners Recognized in Super Lawyers and Rising Stars Lists The Future for Tall Buildings Could Be GreenerThe National Building Museum’s A-Mazing ShowpieceDraft Federal Legislation Reinforces Advice to Promptly Notify Insurers of COVID-19 LossesThird Circuit Limits Pennsylvania’s Kvaerner Decision; Unexpected and Unintended Injury May Constitute an “Occurrence” Under Pennsylvania LawThe Black Woman Architect Who Hopes to Change the Face of Design in AmericaLondon Shard Developer Wins Approval for Tower NearbyClient Alert: Court of Appeal Applies Common Interest Privilege Doctrine to HOA Litigation MeetingsCompanies Move to Houston Area and Spur Home BuildingConstruction Defect Suit Can Continue Against PlumberColorado homebuilders target low-income buyers with bogus "affordable housing" billJPMorgan Blamed for ‘Zombie’ Properties in Miami LawsuitMotion for Summary Judgment Gets Pooped UponFrom Ashes to Action: LA Fire Recovery Enters New PhaseHow SmartThings Wants to Automate Your HomeTerminating Contracts for Convenience — “Just Because”Colorado Temporarily Requires Employers to Provide Sick Leave While Awaiting COVID-19 TestingSegal McCambridge Expands West Coast Presence with the Addition of 36 Attorneys from Chapman Glucksman to Los Angeles OfficeHow Philadelphia I-95 Span Destroyed by Fire Reopened in Just 12 Days 
